A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 16, 2009, the Defendant issued a summary order of KRW 1 million on July 13, 2010 with a fine of KRW 4 million due to the same crime, etc., in the Daegu District Court Kimcheon-cheon, for a crime of violating the Road Traffic Act (drinking driving).

On January 9, 2016, at around 23:55, the Defendant driven a B-learning car under the influence of alcohol content of 0.079% in blood without a driver’s license, from around 3km section from the front of the cafeteria “Saro” restaurant located in the Seocho-si, Sin-si, Seoul, to the front day of the “Food Materials E-Sa” road located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2(1) of the Criminal Act is based on the following circumstances: the Defendant’s age, occupation, sex, environment, and all the conditions of sentencing indicated in the records, such as the circumstances before and after the instant crime, etc., and the sentence identical to the order shall be determined.

It is difficult to prevent re-offending by a fine, such as drinking and driving without a license, even after being sentenced to a fine on three occasions due to driving under the influence of alcohol.

judgment